The failure to diagnose a serious condition such as cancer, heart disease, or an infection can result in devastating and life-threatening consequences. This unfortunate situation often arises due to the dismissal of critical symptoms, the omission of necessary diagnostic tests, or the misrepresentation of test results. When confronting this difficult circumstance, a crucial legal question emerges: Does this adverse outcome constitute medical malpractice? In New York, a medical professional’s failure or substantial delay in diagnosing a condition may establish the foundation for a medical malpractice lawsuit. If this reflects your situation, it is imperative to understand your legal rights. We encourage you to continue reading as we analyze these issues and explain how our experienced Westchester County Medical Malpractice Attorneys can offer the essential legal guidance you require.
Can I Sue If a Doctor Fails to Diagnose My Condition in NY?
In New York, you can file a medical malpractice lawsuit if a doctor’s negligent failure to diagnose a condition caused you harm, such as the progression of your illness or a preventable complication. To successfully prove a case of failure to diagnose, three key elements must be established:
- Doctor-Patient Relationship: A professional relationship existed, creating a duty for the doctor to provide care.
- Negligence: The doctor’s conduct deviated from the accepted standard of care within the medical community. This can include overlooking symptoms, failing to order necessary tests, or not referring the patient to a specialist.
- Harm: You sustained a direct physical, emotional, or financial injury as a result of the doctor’s negligence.
The statute of limitations for filing a medical malpractice lawsuit is two and a half years from the date of the malpractice. However, it is strongly advised to consult with a qualified attorney as quickly as possible, especially since the time limit begins running when the negligence occurs for conditions other than cancer.
It should be noted that Laverne’s Law offers a specific exception for cancer misdiagnosis cases, stipulating that the statute of limitations begins either when the misdiagnosis was discovered or when it reasonably should have been discovered. However, there is an absolute maximum limit of seven years from the date of misdiagnosis itself.
What Damages Can I Recover in a Failure-to-Diagnose Case?
A delayed diagnosis often necessitates more extensive and costly medical care. A lawsuit can typically recover compensation for:
- Hospitalization, surgeries, and procedures
- Chemotherapy, radiation, and intensive treatments
- Medications, equipment, and rehabilitation
- Home health or long-term care
- Expected future medical costs
An attorney can consult with economic experts to estimate the lifetime care value in serious cases. An advanced or disabling condition due to a delayed diagnosis affects the ability to work. Compensation may include:
- Past lost wages
- Lost benefits
- Loss of earning capacity
The most significant consequences are often non-economic: physical pain, emotional distress, and reduced quality of life. New York allows patients to seek compensation for:
- Physical pain and discomfort
- Anxiety, depression, and mental anguish
- Loss of enjoyment of life and inability to pursue activities
- Disfigurement, disability, and loss of independence
Unlike some states, New York does not have a cap on non-economic damages in medical malpractice cases.
For more information, please don’t hesitate to contact an attorney at Hausman & Pendzick.